At the hearing, the employee and administration each have right to counsel, to produce witnesses, to hear testimony, to cross-examine witnesses, and to examine documentary evidence. Utah Code Ann. § 53G-11-515 (2018)
3.0810.11 DECISION
Issue Date: 7/8/99 Updated: 11/14/19
Within fifteen days after the hearing, the person or entity that conducted the hearing, whether the hearing examiner, hearing board, or Board of Education, shall issue written findings and conclusions deciding the matter. These shall be provided to the employee by mail or personal delivery. The Board shall make written findings of fact upon which its action is based. In the event the decision of the board or hearing officer is to not terminate the employment of the employee, then the employee shall be reinstated and back pay shall be paid if the employee was suspended without pay pending a hearing. Utah Code Ann. § 53G-11-513
3.0810.12 SUSPENSION DURING INVESTIGATION Issue Date: 7/8/99 Updated: 11/14/19
The active service of an employee may be suspended by the Superintendent pending a hearing if it appears that the continued employment of the individual may be harmful to students or to the District. An employee may be suspended without pay pending a hearing if the superintendent determines that the allegations against the employee are more than likely true after an informal conference with the employee. The employee shall be provided written notice of the suspension, which may be included with written notice of termination of employment during the contract term or notice of non- renewal of contract. Utah Code Ann. § 53G-11-513
3.0810.13 NECESSARY STAFF REDUCTION NOT PRECLUDED Issue Date: 7/8/99 Updated: 11/14/19
Nothing in this policy prevents staff reduction if necessary to reduce the number of employees because of the following: 1. Declining student enrollments in the district; 2. The discontinuance or substantial reduction of a particular service or program; 3. The shortage of anticipated revenue after the budget has been adopted; or 4. School consolidation.
Utah Code Ann. § 53A-8a-505 (2012)
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